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Supreme Court Dismisses Appeal by Railway Administration and Affirms Tribunal Order Declaring Multiplied Distance Rates Unreasonable. Jurisdiction Under Section 41(1)(b) of Indian Railways Act, 1890 Extends to Specific Commodity Rates Between Two Stations, and Such Rates Found in Contravention of Section 28 When Chargeable Distance Inflated Three Times....

The appeal arose from an order of the Railway Rates Tribunal in a complaint filed by West Coast Paper Mills Ltd., a manufacturer of paper and paper products with a factory at Dandeli, the terminus of ...

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Supreme Court Set Aside High Court Dismissal of Writ Petition in Service Reversion Dispute Under Article 311 of Constitution of India. High Court's Refusal to Consider Evidence Admitted at Appellate Stage and Investigate Claim of Substantive Appointment Violated Principles of Fair Trial and Writ Jurisdiction....

The dispute arose out of service reversion of a Panchayat Secretary in the Department of Panchayat Raj, State of Uttar Pradesh. The appellant was placed at the top of the promotion list for Panchayat ...

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Supreme Court Upholds Zamindar's Claim in Bengal Revenue Abatement Dispute Over Resumed Ferries. Resumption of Ferries Under Bengal Regulation VI of 1819 Extinguished Liability to Pay Separately Assessed Revenue, and Civil Suit for Declaration and Refund Was Not Barred by Limitation or Ouster of Jurisdiction....

The dispute arose from the permanent settlement of revenue in Pargana Goas, Bengal. The predecessors-in-interest of the appellant, zamindars of Pargana Goas, were in possession of eleven ferries apper...

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Supreme Court Dismisses State's Appeal Against Invalidation of Pre-emption Exemption Notification as Mala Fide. Section 8(2) Notification Defeating Decree for Pre-emption Held Invalid; Burden of Proving Mala Fides Does Not Require Naming Specific Officer....

The dispute arose from a sale of land in District Gurgaon. On May 9, 1958, Khillu and two others sold a plot of land to Surinder Kumar and Virender Kumar, referred to as the defendants. Ramjilal and K...

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Supreme Court Dismisses State Appeal in Bombay Public Trust Act Case Due to Lack of Evidence Against Accused Trustees. Section 35(1) of Bombay Public Trust Act, 1950 Creates Strict Liability Regulatory Offence Not Requiring Mens Rea, but Acquittal Affirmed as Prosecution Failed to Prove Unauthorised Withdrawal and Trusteeship of Accused 2-10....

The appeals arose from two complaints filed by the Charity Commissioner, State of Gujarat under Section 35(1) read with Section 66 of the Bombay Public Trust Act, 1950 against ten accused persons who ...

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Supreme Court Allows Appellant in Arbitration Act, 1940 Case; Sets Aside Orders Refusing Appointment of Substitute Arbitrator After Named Arbitrator's Refusal. Arbitration Agreement Silence on Filling Vacancy Presumed Intention to Supply Vacancy Under Section 8(1)(b) of Arbitration Act, 1940; Court Directed Trial Court to Appoint New Arbitrator....

The appellants entered into agreements with the Union of India under which they were allotted certain areas in a forest to tap Resin Blazes and supply the same to a Turpentine Factory. The agreements ...

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Supreme Court Upholds Appeal for Specific Performance in Land Sale Contract; Time Not of Essence When Vendor's Title Incomplete and Sanction Required. Purchaser's Readiness and Willingness Established by Conduct, and Acceptance of Refund Decree Does Not Bar Appeal for Specific Performance....

The dispute arose from an agreement dated July 18, 1955, between the appellants (purchasers) and the respondents (vendors) for the sale of plot No. 8, measuring 1500 square yards in Jangpura B, New De...

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Supreme Court Upholds Tenant in Bombay Tenancy Act Restoration Case Due to Landlord's Failure to Cultivate Personally for Extended Period. Section 52 of Bombay Tenancy and Agricultural Lands (Vidarbha Region and Kutch Area) Act, 1958 Applies to Pre-Commencement Possession When Two-Year Obligation Under Berar Act Had Not Expired....

The dispute concerned agricultural lands in the Vidarbha region held by a protected lessee under the Berar Regulation of Agricultural Leases Act, 1951. The original owner terminated the tenancy on the...

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Supreme Court Dismisses Appeal Against Excise Search Warrant in Central Excise Duty Evasion Case. Section 12 of Central Excises and Salt Act, 1944 Held Not Void; Customs Act, 1962 Validly Applied Under Section 8(1) General Clauses Act to Justify Search Warrant Under Section 105(1)....

The Supreme Court heard an appeal by special leave against the judgment of the Allahabad High Court dismissing a writ petition challenging a search warrant issued by the Assistant Collector, Central E...